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Prof. Dr. Michael Bartsch
Lawyer

My specialties

IT Law

Information technology law (“IT law”) concerns the large area of software, hardware and data processing, which is developing and changing faster than almost any other area. It is therefore easy to lose track here. We offer you sound advice and support you in all legal matters relating to your IT, including contract review and drafting, licenses, hosting and, last but not least, cybersecurity, to ensure that your IT business practices are legally sound and protected from malicious interference.

Commercial Law

You will hardly experience a working day on which you are not confronted with questions of commercial law, regardless of whether these are your own terms and conditions of delivery or purchase, ongoing agreements with customers or project-specific contracts. With our many years of experience, we can help you with the rapid provision of standard contracts as well as with the drafting of complex special agreements. We can also check the rules and regulations of your business partners and assist you in contract negotiations.

Company law

Company law covers the legal relationships between companies managed as partnerships (GbR, oHG, KG, PartG) or corporations (GmbH, UG, AG, SE, Verein), their shareholders and their executive bodies. Company law regulates and organizes the mostly similar but individual interests of these parties. If – as is often the case – the general statutory regulations do not adequately reflect the interests of the parties involved, they can use individual agreements and regulations to create a set of rules that deviates from the general statutory regulations and is tailored to their needs. Company law offers a great deal of freedom for this, which needs to be utilized. If disputes nevertheless arise between the company, shareholders or executive bodies, a forward-looking approach will prove its worth in the event of a company dispute.

Constructive law - that is an important keyword for my work.

Contracts, for example, are plans, just as technical drawings are plans. If you know many design elements and how they interact, you can design better. I have been designing since 1976; most of my publications concern contract law, including 100 pages of IT contracts with commentaries. Creative ideas are often required.

Always ask about the statics: Will it hold? In most cases, we need to ask about the dynamics: How can this develop further? The question of practical usefulness must always be asked: Is the text understandable for the non-lawyers who are supposed to deal with it? Is it a tool for the contracting parties to get along?

In my head, law is a construction kit that I can use to create constructive solutions. For me, this is a great task.

Career

Prof. Dr. Michael Bartsch studied law and literature at the Universities of Hamburg, Geneva and Freiburg im Breisgau. He completed his legal clerkship at the Regional Court of Karlsruhe and at the Senator for Science and Art in Berlin.

In 1976, he joined the law firm founded by his father Alfred Bartsch in 1950, which operated under the name “Bartsch und Partner” until June 30, 2011. He gave the firm its focus on law and technology.

Prof. Dr. Bartsch was appointed Dr. rer. pol. He received his doctorate from the University of Karlsruhe and was appointed honorary professor at the Karlsruhe University of Arts and Design in 1999.

Prof. Dr. Bartsch is one of the founders of IT law in Germany. He was the founding chairman of the “Deutsche Gesellschaft für Informationstechnologie und Recht e. V.” which later became one of the two founding institutions of the “Deutsche Gesellschaft für Recht und Informatik e. V. (DGRI)”, and was most recently Chairman of the Advisory Board of this scientific society. He has been a member of the editorial board of the journal “Computer und Recht” since 1987 and is now its editor-in-chief. In the winter semester 1984/1985, he held the first lecture on IT contract law at a German university at the University of Karlsruhe.

Prof. Dr. Bartsch has published numerous articles on contract law, in particular on the drafting of contracts in the field of information technology.

The magazine “Computer und Recht” dedicated the October 2011 issue to his 65th birthday and the October 2016 issue to his 70th birthday. The German Society for Law and Informatics (DGRI) published a detailed biographical tribute in its 2011 yearbook (author: Thomas Heymann).

Prof. Dr. Bartsch was invited to speak at the German Jurists’ Conference 2016 on the topic of “Digital economy – analog law – does the German Civil Code need an update?”.

Memberships

Education

  • Studied law and literature at the Universities of Hamburg, Geneva and Freiburg im Breisgau
  • Legal clerkship at the Regional Court of Karlsruhe and at the Senator for Science and Art in Berlin
  • Doctorate (Dr. rer. pol. at the University of Karlsruhe (Software und das Jahr 2000 – Haftung und Versicherungsschutz für ein technisches Großproblem, Nomos Verlag Baden-Baden 1998)

Teaching activities

Good to know

Assistance
Helen Trümper
Dr. Stephanie Funk
Prof. Dr. Michael Bartsch
Joachim Dorschel
Dr. Oliver Klein
Wolfgang Döring
Dr. Thomas Scharpf
Dr. Alexander Hoff
Sarah Zentner
Dr. habil. Christian Förster
Sabine Przerwok
Florian Krug
Marin Mrvelj
Dr. Gerhard Wagner
Julien Sweeting, LL.M. (London)
Hendrik Stroborn
Constanze Stallecker
Marc Blaha
Alexandra Steg, LL.B.
Bernhard Fritz
Daniel Scharpf
Ulrich A. Goetz
Rüdiger Strubel
Dr. Reinhard Möller
Dr. Stephanie Funk
Prof. Dr. Michael Bartsch
Joachim Dorschel
Dr. Oliver Klein
Wolfgang Döring
Dr. Thomas Scharpf
Dr. Alexander Hoff
Sarah Zentner
Dr. habil. Christian Förster
Sabine Przerwok
Florian Krug
Marin Mrvelj
Dr. Gerhard Wagner
Julien Sweeting, LL.M. (London)
Hendrik Stroborn
Constanze Stallecker
Marc Blaha
Alexandra Steg, LL.B.
Bernhard Fritz
Daniel Scharpf
Ulrich A. Goetz
Rüdiger Strubel
Dr. Reinhard Möller
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Öffnungszeiten:  Mo. bis Fr.  08–17 Uhr

Bahnhofstraße 10
76137 Karlsruhe
Marc Blaha
Sarah Zentner
Dr. Oliver Klein
Dr. Thomas Scharpf
Florian Krug
Sabine Przerwok
Constanze Stallecker
Hendrik Stroborn
Julien Sweeting, LL.M. (London)
Dr. Stephanie Funk
Joachim Dorschel
Dr. Reinhard Möller
Alexandra Steg, LL.B.
Wolfgang Döring
Ulrich A. Goetz
Dr. Gerhard Wagner
Dr. Alexander Hoff
Marin Mrvelj
Dr. habil. Christian Förster
Bernhard Fritz
Prof. Dr. Michael Bartsch
Daniel Scharpf
Rüdiger Strubel
Marc Blaha
Sarah Zentner
Dr. Oliver Klein
Dr. Thomas Scharpf
Florian Krug
Sabine Przerwok
Constanze Stallecker
Hendrik Stroborn
Julien Sweeting, LL.M. (London)
Dr. Stephanie Funk
Joachim Dorschel
Dr. Reinhard Möller
Alexandra Steg, LL.B.
Wolfgang Döring
Ulrich A. Goetz
Dr. Gerhard Wagner
Dr. Alexander Hoff
Marin Mrvelj
Dr. habil. Christian Förster
Bernhard Fritz
Prof. Dr. Michael Bartsch
Daniel Scharpf
Rüdiger Strubel
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Opening hours: Mon. until Fri. 08-17 o’clock

Bahnhofstraße 10
76137 Karlsruhe